The proposed legislation aims to strengthen the legal principle that a killer should not benefit from their wrongdoing. By revoking any benefits tied to a governing instrument, the bill establishes a clear message that criminal acts against a family or loved one preclude any financial gain from the victim's estate. The bill amends existing estate laws in Missouri, notably impacting how inheritance disputes may be resolved in light of wrongful death or homicide cases.
Summary
Senate Bill 1690 establishes provisions regarding the effects of homicide on benefits received from the estate of a deceased individual. Specifically, the bill outlines that an individual who feloniously and intentionally kills the decedent forfeits all benefits concerning the decedent’s estate. This includes various entitlements such as intestate shares, elective shares, omitted spouse or child's shares, and other allowances linked to the decedent. Importantly, if the decedent died intestate, the estate is treated as if the killer had disclaimed their share altogether.
Contention
While the intention behind SB 1690 is to prevent individuals who commit homicide from profiting from their actions, the bill also raises questions regarding due process. The role of court judgments in determining the accountability of the accused is significant; while a conviction automatically establishes forfeiture of benefits, in cases without a conviction, the courts are tasked with determining accountability based on the preponderance of evidence. This aspect may lead to legal complexities and disputes concerning the interpretation of 'criminal accountability' and its applications in estate questions.
Modifies provisions relating to estate planning, including notice for transfers of the principal place of administration of a trust, electronic wills, and estate planning during the COVID-19 state of emergency
Modifies provisions relating to estate planning, including notice for principal place of administration transfers, statutes of limitations for actions against trustees, electronic wills, and estate planning during the COVID-19 emergency
Relating to the status of certain documents or instruments concerning real or personal property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations for those offenses; harmonizing other statute of limitations provisions; increasing a criminal penalty.